First of all, the Texas Constitution states that no private property will be taken for a public purpose without adequate compensation. This type of claim requires that a city or governmental entity or group acting in such a way fairly compensate private landowners for land taken for a public purpose. For example, the State of Texas may acquire private land through eminent domain proceedings ( which seek to compel the landowner to sell ), which involve compensating the landowners at a price that the State generally tries to set. Often these disputes involve roadway construction or widening, which is state-wide considered a valid public purpose. So, the main dispute involves the amount of compensation paid. A landowner is well-served to research the value of his property as well as the future value of businesses. Often, legal counsel is necessary to obtain a price which is fair to the landowners, some of whom have owned the land in question for decades. Secondly, common law provides for a tort action for the intentional interference with property rights, which can apply to state and municipal entities in some cases. This tortious interference requires that a person or entity intentionally act to interfere with private property rights of another, including the right to quiet enjoyment of one's property. This interference must damage the private landowner, and can involve cases of partial destruction of property or damage to the property, such as by oil and gas exploration and extraction. This may be difficult to prove considering the importance of facts and evidence supporting the intent of the public entity and the damages suffered by the landowner.

Raymond Shackleford

175 Auto Sales LLC

Shackelford Hawkins & Searcy, P.C.